Federal Rules of Evidence (FRE) Summary

Flashcards summarizing key concepts and rules from the Federal Rules of Evidence.

FRE 606(b)

Prohibits the use of statements made during jury deliberations to impeach a verdict.

Exceptions to FRE 606(b)

A juror can testify about deliberations concerning extraneous prejudicial information, outside influence, or mistake in entering the verdict.

What constitutional right can override FRE 606(b)s prohibition?

The 6th Amendment right to an impartial jury (e.g., racist statements during deliberation).

FRE 401

Defines relevance, requiring evidence to be both probative and material.

FRE 403

Allows a court to exclude relevant evidence if its probative value is substantially outweighed by unfair prejudice or potential to mislead the jury.

FRE 407

Excludes evidence of subsequent remedial measures to prove negligence, culpability, defect, or need for warning.

FRE 408

Encourages settlements by excluding statements made during compromise negotiations from being used to prove liability or impeach.

FRE 404(a)(1)

General rule that character evidence cannot be used to show a person acted in accordance with that character on a particular occasion.

Routes around the propensity box (FRE 404(b))

Motive, Absence of mistake, Intent, Doctrine of chances, Modus operandi, Preparation, Opportunity, Plan, Identity, Knowledge.

FRE 406

Habit evidence is admissible when it shows a person’s routine behavior or practice, which is predictive and less prejudicial.

FRE 412(a)

Prohibits evidence of the victim's sexual behavior or sexual predisposition in sexual misconduct cases.

FRE 412(b)(1) exceptions

In criminal cases, evidence is admissible to prove someone else was the source, to prove consent, or if constitutionally required.

FRE 412(b)(2) standard in civil cases

Evidence is admissible if its probative value substantially outweighs harm or prejudice; reputation evidence only if the victim places it at issue.